Price v. Scully

By Judge John d. butzner, Jr.

This suit seeks to impress upon a piece of land, called for convenience the Amherst Street Tract, an oral negative servitude, or equitable easement, restricting the use of the tract to residential or park purposes. The complainants are owners of some of the lots in subdivisions known as Academy Heights and Academy Heights Addition. They ask that the defendant, Thomas G. Scully, owner of the Amherst Street Tract, and his successors in title be enjoined permanently from establishing any commercial enterprise on the tract. The evidence was heard ore terms, and the…